Chapter 5

busbyresMr. Busby's Residence.Where the Treaty was signed.

Mr. Busby's Residence.Where the Treaty was signed.

Mr. Busby's Residence.

Where the Treaty was signed.

"Her Majesty Victoria, Queen of Great Britain and Ireland," he said, "wishing to do good to the chiefs and people of New Zealand, and for the welfare of her subjects living amongst you, has sent me to this place as Governor. But as the law of England gives no civil powers to Her Majesty out of her dominions, her efforts to do you good will be futile unless you consent. Her Majesty has commanded me to explain these matters to you, that you may understand them. The people of Great Britain are, thank God! free, and so long as they do not transgressthe laws, they can go where they please, and their sovereign has no power to restrain them. You have sold them lands here and encouraged them to come here. Her Majesty, always ready to protect her subjects is also always ready to restrain them. Her Majesty the Queen asks you to sign this treaty, and to give her that power which shall enable her to restrain them. I ask you for this publicly: I do not go from one chief to another. I will give you time to consider the proposal I shall now offer you. What I wish you to do is expressly for your own good, as you will soon see by the treaty. You yourselves have often asked the King of England to extend his protection unto you. Her Majesty now offers you that protection in this treaty. I think it is not necessary to say any more about it. I will therefore read the treaty."[66]

In a clear voice His Excellency then read the treaty in English for the benefit of the European settlers, the terms of the document being as follows:

TREATY OF WAITANGI

Her Majesty Victoria, Queen of the United Kingdom, of Great Britain and Ireland regarding with her Royal favour the Native chiefs and tribes in New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary in consequence of the great number of Her Majesty's subjects who have already settled in New Zealand, and the rapid extension of emigration both from Europe and Australia which is still in progress, to constitute and appoint a functionary properly authorised to treat with the aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the whole or any part of those Islands. Her Majesty, therefore, being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary laws and institutions, alike to the native population and to her subjects, has been graciously pleased to empower and authorise me, William Hobson, a Captain in Her Majesty's Royal Navy, Consul and Lieutenant-Governor of such parts of New Zealand as may be or hereafter shall be ceded to Her Majesty, to invite the confederate and independent chiefs of New Zealand to concur in the following articles and conditions:Article the FirstThe chiefs of the Confederation of the United tribes of New Zealand, and the separate and independent chiefs who have not become members of the Confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said confederation or individual chiefs respectively exercise or possess, or may be supposed to exercise or possess over their respective territories as the sole Sovereigns thereof.Article the SecondHer Majesty, the Queen of England, confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession; but the chiefs of the United tribes and the individual chiefs yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf.Article the ThirdIn consideration thereof Her Majesty, the Queen of England, extends to the natives of New Zealand her Royal protection, and imparts to them all the rights and privileges of British subjects.W. Hobson,Lieutenant-Governor.Now, therefore, we the chiefs of the Confederation of the United tribes of New Zealand, being assembled in congress at Victoria, in Waitangi, and we the separate and independent chiefs of New Zealand, claiming authority over the tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty, accept and enter into the same in the full spirit and meaning thereof; in witness of which we have attached our signatures or marks at the places and the dates respectively specified.

Her Majesty Victoria, Queen of the United Kingdom, of Great Britain and Ireland regarding with her Royal favour the Native chiefs and tribes in New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary in consequence of the great number of Her Majesty's subjects who have already settled in New Zealand, and the rapid extension of emigration both from Europe and Australia which is still in progress, to constitute and appoint a functionary properly authorised to treat with the aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the whole or any part of those Islands. Her Majesty, therefore, being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary laws and institutions, alike to the native population and to her subjects, has been graciously pleased to empower and authorise me, William Hobson, a Captain in Her Majesty's Royal Navy, Consul and Lieutenant-Governor of such parts of New Zealand as may be or hereafter shall be ceded to Her Majesty, to invite the confederate and independent chiefs of New Zealand to concur in the following articles and conditions:

Article the First

The chiefs of the Confederation of the United tribes of New Zealand, and the separate and independent chiefs who have not become members of the Confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said confederation or individual chiefs respectively exercise or possess, or may be supposed to exercise or possess over their respective territories as the sole Sovereigns thereof.

Article the Second

Her Majesty, the Queen of England, confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession; but the chiefs of the United tribes and the individual chiefs yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf.

Article the Third

In consideration thereof Her Majesty, the Queen of England, extends to the natives of New Zealand her Royal protection, and imparts to them all the rights and privileges of British subjects.

W. Hobson,Lieutenant-Governor.

Now, therefore, we the chiefs of the Confederation of the United tribes of New Zealand, being assembled in congress at Victoria, in Waitangi, and we the separate and independent chiefs of New Zealand, claiming authority over the tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty, accept and enter into the same in the full spirit and meaning thereof; in witness of which we have attached our signatures or marks at the places and the dates respectively specified.

When he had concluded, he turned to Mr. Henry Williams, and invited him to read to the natives the translation which had been prepared in the Maori language.

"In the midst of profound silence," Mr. Williams wrote in subsequent years, "I read the treaty to allassembled. I told all to listen with care; explaining clause by clause to the chiefs, giving them caution not to be in a hurry, but telling them that we, the Missionaries, fully approved of the treaty, that it was an act of love towards them, on the part of the Queen, who desired to secure to them their property, rights, and privileges. That this treaty was a fortress to them against any foreign power which might desire to take possession of their country, as the French had taken possession of Otiaiti."

MAORI TRANSLATION OF THE TREATY OF WAITANGIAS PRINTED AT THE PRESS OF THE CHURCH MISSIONARY SOCIETY, PAIHIA

Ko, Wikitoria, te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu, o Nu Tirani, i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou whenua, a kia mau tonu hoki te Rongo ki a ratou me te ata noho hoki kau wakaaro ia he mea tike kia tukua mai tetahi Rangatira hei kai wakarite ki nga tangata Maori o Nu Tirini. Kia wakaaetia e nga Rangatira Maori te Kawanatanga o te Kuini ki nga wahi katoa o te wenua hei me nga motu. Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki tenei wenua, a e mai nei.Na, ko te Kuini e hiahia ana kia wakaritea te Kawanatanga, kia kaua ai nga kino e puta mai ki te tangata Maori ki te pakeha e noho enoho ture kore ana.Na, kau pai te Kuini kia tukua a hau, a Wiremu Hopihona, he Kapitana i te Roiara Nawi, hei Kawana mo nga wahi katoa o Nu Tirini, e tukua aianei amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirini me era Rangatira atu enei ture ka korerotia nei.Ko te tuatahiKo nga Rangatira o te Wakaminenga, me nga Rangatira katoa hoki, kihai i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu te Kawanatanga katoa o ratou wenua.Ko te tuaruaKo te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira, ki nga Hapu, ki nga tangata katoa o Nu Tirini, te tino Rangatiratanga o o ratou wenu o ratu kainga me o ratu taonga katoa. Otiia ko nga Rangatira o te Wakaminenga me nga Rangatira katoa atu, ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua, ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.Ko te tuatoruHei wakaritenga mai hoki mo te wakaaetanga ki te Kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.William HobsonConsul and Lieutenant-Governor.Na ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o Nu Tirani, ka kite nei i te ritenga o enei kupa, ka tangohia, ka wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou tohu.Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepuere, i te tau kotahi mano, ewaru rau, ewa tekau, o to tatou Ariki.

Ko, Wikitoria, te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu, o Nu Tirani, i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou whenua, a kia mau tonu hoki te Rongo ki a ratou me te ata noho hoki kau wakaaro ia he mea tike kia tukua mai tetahi Rangatira hei kai wakarite ki nga tangata Maori o Nu Tirini. Kia wakaaetia e nga Rangatira Maori te Kawanatanga o te Kuini ki nga wahi katoa o te wenua hei me nga motu. Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki tenei wenua, a e mai nei.

Na, ko te Kuini e hiahia ana kia wakaritea te Kawanatanga, kia kaua ai nga kino e puta mai ki te tangata Maori ki te pakeha e noho enoho ture kore ana.

Na, kau pai te Kuini kia tukua a hau, a Wiremu Hopihona, he Kapitana i te Roiara Nawi, hei Kawana mo nga wahi katoa o Nu Tirini, e tukua aianei amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirini me era Rangatira atu enei ture ka korerotia nei.

Ko te tuatahi

Ko nga Rangatira o te Wakaminenga, me nga Rangatira katoa hoki, kihai i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu te Kawanatanga katoa o ratou wenua.

Ko te tuarua

Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira, ki nga Hapu, ki nga tangata katoa o Nu Tirini, te tino Rangatiratanga o o ratou wenu o ratu kainga me o ratu taonga katoa. Otiia ko nga Rangatira o te Wakaminenga me nga Rangatira katoa atu, ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua, ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.

Ko te tuatoru

Hei wakaritenga mai hoki mo te wakaaetanga ki te Kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.

William HobsonConsul and Lieutenant-Governor.

Na ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o Nu Tirani, ka kite nei i te ritenga o enei kupa, ka tangohia, ka wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou tohu.

Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepuere, i te tau kotahi mano, ewaru rau, ewa tekau, o to tatou Ariki.

A TRANSLATION OF THE TREATY OF WAITANGIINTO ENGLISH FROM THE ORIGINAL MAORI

Here's Victoria, Queen of England, in her gracious remembrance towards the chiefs and tribes of New Zealand, and in her desire that the chieftainships and their lands should be secured to them and that obedience also should be held by them, and the peaceful state also; has considered it as a just thing, to send here some chief to be a person to arrange with the native men of New Zealand, that the Governorship of the Queen may be assented to by the native chiefs in all places of the land, and of the islands. Because too many together are the men of her tribe who have sat down in this land and are coming hither.Now it is the Queen who desires that the Governorship may be arranged that evils may not come to the native men, to the white who dwells lawless. There! Now the Queen has been good that I should be sent, William Hobson, a Captain of the Royal Navy, a Governor for all the places in New Zealand that are yielded now or hereafter to the Queen. She says to the Chiefs of the Assemblage (Confederation) of the tribes of New Zealand, and other chiefs besides, these laws which shall be spoken now.Here's the first: Here's the chief of the Assemblage, and all the chiefs also who have not joined the Assemblage mentioned, cede to the utmost to the Queen of England for ever continually to the utmost the whole Governorship of their lands.Here's the second: Here's the Queen of England arranges and confirms to the chiefs, to all the men of New Zealand the entire chieftainship of their lands, their villages, and all their property.But here's the chiefs of the Assemblage, and all the chiefsbesides, yield to the Queen the buying of those places of land where the man whose land it is shall be good to the arrangement of the payment which the buyer shall arrange to them, who is told by the Queen to buy for her.Here's the third: This, too, is an arrangement in return for the assent of the Governorship of the Queen. The Queen of England will protect all the native men of New Zealand. She yields to them all the rights, one and the same as her doings to the men of England.Now here's we: Here's the chiefs of the Assemblage of the tribes of New Zealand who are congregated at Waitangi. Here's we too. Here's the chiefs of New Zealand, who see the meaning of these words, we accept, we entirely agree to all. Truly we do mark our names and marks.This is done at Waitangi on the six of the days of February, in the year one thousand eight hundred and four tens of our Lord.

Here's Victoria, Queen of England, in her gracious remembrance towards the chiefs and tribes of New Zealand, and in her desire that the chieftainships and their lands should be secured to them and that obedience also should be held by them, and the peaceful state also; has considered it as a just thing, to send here some chief to be a person to arrange with the native men of New Zealand, that the Governorship of the Queen may be assented to by the native chiefs in all places of the land, and of the islands. Because too many together are the men of her tribe who have sat down in this land and are coming hither.

Now it is the Queen who desires that the Governorship may be arranged that evils may not come to the native men, to the white who dwells lawless. There! Now the Queen has been good that I should be sent, William Hobson, a Captain of the Royal Navy, a Governor for all the places in New Zealand that are yielded now or hereafter to the Queen. She says to the Chiefs of the Assemblage (Confederation) of the tribes of New Zealand, and other chiefs besides, these laws which shall be spoken now.

Here's the first: Here's the chief of the Assemblage, and all the chiefs also who have not joined the Assemblage mentioned, cede to the utmost to the Queen of England for ever continually to the utmost the whole Governorship of their lands.

Here's the second: Here's the Queen of England arranges and confirms to the chiefs, to all the men of New Zealand the entire chieftainship of their lands, their villages, and all their property.

But here's the chiefs of the Assemblage, and all the chiefsbesides, yield to the Queen the buying of those places of land where the man whose land it is shall be good to the arrangement of the payment which the buyer shall arrange to them, who is told by the Queen to buy for her.

Here's the third: This, too, is an arrangement in return for the assent of the Governorship of the Queen. The Queen of England will protect all the native men of New Zealand. She yields to them all the rights, one and the same as her doings to the men of England.

Now here's we: Here's the chiefs of the Assemblage of the tribes of New Zealand who are congregated at Waitangi. Here's we too. Here's the chiefs of New Zealand, who see the meaning of these words, we accept, we entirely agree to all. Truly we do mark our names and marks.

This is done at Waitangi on the six of the days of February, in the year one thousand eight hundred and four tens of our Lord.

The whole subject was now before the meeting for discussion, and the chiefs were invited to express their views upon it, or to make any enquiries upon points that were still obscure. There being some little hesitancy displayed Mr. Busby rose and, addressing the natives, assured them that the Governor had not come to deprive them of their lands, but rather to secure them in possession of what they had not already sold. He reminded them that he had frequently given them his word that land not properly acquired from them would not be recognised as the property of the person claiming it, but would be returned to the natives, to whom it rightly belonged. He was proceeding to say that this promise the Governor would of a certainty be prepared to carry out, when suddenly he was interrupted by Te Kemara, a chief of the Ngatikawa tribe, who, springing from his place in front of the platform exclaimed:

"Health to thee, O Governor. This is mine to thee, O Governor. I am not pleased towards thee. I will not consent to thy remaining here in this country. If thou stayest as Governor then perhaps Te Kemara will be judged and condemned. Yes, indeed, and more than that—even hung by the neck. No, no, no, I shall never say 'Yes' to your staying. Were all to be on an equality, then perhaps Te Kemara would say, 'Yes.' But for theGovernor to be up and Te Kemara down—Governor high up, up up, and Te Kemara down low, small, a worm, a crawler. No, no, no. O Governor! this is mine to thee, O Governor! my land is gone, gone, all gone. The inheritances of my ancestors, fathers, relatives, all gone, stolen, gone with the Missionaries. Yes, they have it all, all, all. That man there, the Busby, and that man there, the Williams, they have my land. The land on which we are now standing this day is mine. This land, even this under my feet, return this to me. O Governor! return me my lands. Say to Williams 'Return to Te Kemara his land.'" With outstretched finger he ran and pointed to the Missionary, "Thou, thou, thou, thou bald-headed man, thou hast got my lands. O Governor! I do not wish thee to stay. You English are not kind to us like other foreigners. You do not give us good things. I say go back, go back, Governor, we do not want thee here in this country. And Te Kemara says to thee, go back, leave to Busby and to Williams to arrange and to settle matters for us natives as heretofore."

Te Kemara was a master in the art of Maori oratory, and he delivered this speech with much simulated anger. Gesture and grimace were alike extravagant even for a native; his eyes rolled in violent oscillations and flashed with demoniacal fire, while his whole body trembled as though convulsed by pent-up rage. He made a brave show of injured innocence, especially when pleading for the return of his lands. And yet it was not serious: it was mere theatrical display; for not long afterwards he gave evidence before the Land Claims Commissioners, and testified to the fair sale of his land. For the present, however, Maori vanity was satisfied—Te Kemara had made a great speech.

The serious impression made by the hostile deliverance of the Ngatikawa chief was somewhat dispelled by the diversion created when Rewa, of Ngaitawake rose, and, addressing His Excellency in the best English he could command said, "How d'ye do, Mr. Governor?" The sally was so unexpected that it immediately created a roar oflaughter, in which all present joined. But Rewa soon became more earnest. He had evidently no intention of being frivolous—"This is mine to thee, O Governor!" he impressively said. "Go back. Let the Governor return to his own country. Let my lands be returned to me which have been taken by the Missionaries—by Davis and by Clarke and by who and who besides. I have no lands now—only a name,[67]only a name. Foreigners come, they know Mr. Rewa, but this is all I have left—a name! What do native men want of a Governor? We are not whites or foreigners. This country is ours, but the land is gone. Nevertheless we are the Governor—we the chiefs of this our Fathers' land. I will not say 'Yes' to the Governor's remaining. No, no, no, return. What! this land to become like Port Jackson and all other lands seen by the English. No, no, return. I, Rewa, say to thee, O Governor, go back. Send the man away. Do not sign the paper. If you do you will be reduced to the condition of slaves, and be compelled to break stones on the roads. Your land will be taken from you and your dignity as chiefs will be destroyed."

The next speaker was Moka, a chief of the Patukeha tribe, from Rawhiti, the burden of whose speech was also against the acceptance of the treaty. "Let the Governor return to his own country. Let us remain where we are. Let my lands be returned to me—all of them—those that are gone with Baker. Do not say, 'The lands will be returned to you.' Who will listen to thee, O Governor? Who will obey thee? Where is Clendon? Where is Mair?[68]Gone to buy, buy our land, notwithstanding the 'book'[69]of the Governor."

On this statement being interpreted to him Captain Hobson immediately stopped the speaker, and in the most earnest manner assured the gathering that lands unjustly held would be returned, and that after the date of the Proclamation all land, however purchased, would be the subject of enquiry, and no purchases would be lawful until sanctioned by the Crown.

This scarcely sufficed to satisfy the sceptical Moka, who replied, as he advanced close up to the platform, "That is good, O Governor! that is straight. But stay, let me see. Yes, yes, indeed! Where is Baker? Where is the fellow? Ah, there he is—there standing. Come, return to me my lands?"

Here the orator paused, awaiting a reply. His injunction was addressed to Mr. Baker in the most direct and personal way, so that it could not be evaded. Moka stood leaning against the edge of the platform, looking directly at the Missionary, upon whom all eyes were immediately turned. There was profound silence and the suspense was acute. Mr. Baker did not flinch but quietly replied, "E hoki, koia"; in other words, "We shall see whether they will return."

This retort was comfortless to Moka, who exclaimed, "There, there, that is as I said. No, no, no, all false, all false, alike. The lands will not return to me."

He was in the midst of this lamentation when he was again interrupted. A European came forward, and addressing His Excellency said that the speeches of the natives were not being faithfully interpreted by Mr. Williams, nor were His Excellency's remarks being fully reported to the natives. He said the natives complained of being robbed, and by a gesture indicated that Mr. Williams was the robber. This he followed up by venturing to suggest that a Mr. Johnson, who was present, could do the work with greater satisfaction to both parties. This was the first open declaration of the general discontent which pervaded the settlers, who were angry because of the Proclamation which had so summarily put an end to their speculations, and which they felt was playing them unfair. They hadheard that a Charter had been granted to a rich Company in England, while many of them who had worked long in the land were being, as they thought, overreached by the Government. But the honest settler was not more angry than the land-jobbers, the gamblers of the south, who stood on the outskirts of the crowd, "looking like smugglers foiled in a run, or a pack of hounds lashed off their dying prey," and appeared as if they were taking a vengeful pleasure in thwarting the wishes of authority. Many viewed the proceedings with malignant eyes and smouldering mischief in their hearts, remaining silent themselves, yet prompting others to interrupt; hence these accusations of false interpretation, these irrelevant observations about the Missionaries and Mr. Busby taking advantage of their privileged positions to unfairly acquire land.

Captain Hobson, always willing to be affable, and desirous that nothing should give rise to misunderstanding, begged Mr. Johnson, who was a dealer in spirits at Kororareka, to come forward and do him the favour of making everything clear to natives and Europeans alike.

Johnson, however, was not so confident of his attainments as a Maori linguist as his friend was, and in qreply to His Excellency's question whether he fully understood the native language he replied, "Why, I can't say I do, but I know how to speak to them, and know also what they say when they speak to me, and——"

"Then pray tell me, Mr. Johnson, what has not been interpreted?" said Captain Hobson.

To which the modest Johnson replied, "No, Sir, I beg to be excused. The gentlemen of the Mission ought to be able to do it, and can do it very well; only let Mr. Williams speak out loud so that we may hear—that is, those of us in the back part of the tent, and let all that the natives say be interpreted to the Governor. They say a great deal about land and Missionaries which Mr. Williams does not translate to you."[70]

This reflection both upon his capacity as a linguist and his integrity as a man rather nettled the Missionary, who, having obtained the permission of the Governor to vindicate himself, addressed the white people in English, and with his customary directness came at once to the point. He said there had been much talk about the Missionaries owning land and farming and such like; but the Commissioners who were about to sit would examine into the lands held by the Missionaries, and their titles thereto, as strictly as into any other. It was his special wish that this should be done, and he had so far given an earnest of his desire in that direction that he had already applied to His Excellency to have the Missionary lands made the first subject of investigation. "People," he said, "should recollect that were it not for the Missionaries they would not be here this day, nor be in possession of a foot of land in New Zealand. If any one person has a prior claim to land in this country that person must be the Missionary, who has laboured for so many years in this land when others were afraid to show their noses. I have a large family—a family of eleven children—more probably than any one present, and what are they to do when I am taken from them if they are not to have some land? Much has been said about my land, but I believe that when it is seen and known, and shared up between my children, no one will say that I have been over the mark, but on the contrary under. All I shall say at present is, I hope that all who hold land, obtained from the natives, will be able to show as good and honest titles to the same as the Missionaries can do to theirs."[71]

fallsThe Waitangi Falls.

The Waitangi Falls.

The Waitangi Falls.

Mr. Busby, who owned the whole of the Peninsula between the Waitangi and Kerikeri Rivers, felt that he, too, was being drawn into the vortex of the speculators by these accusations of native spoliation. He accordingly deemed it due to himself that something should be said in defence of his purchases, and so having obtained the permission of Captain Hobson he rose, and, speaking in English, said with some emphasis, "I deny that the term 'robbed' has been used by the chiefs Te Kemara and Rewa with reference to my purchase of land, as indicated by the white man who spoke, and coupled by him with Mr. Williams, by gestures, though not plainly by words. I never bought any land but what the natives pressed me to buy, for which I always paid them liberally. Allusion has been made to my possessing large tracts of land. I am happy to say I do hold some land; but I did not make any extensive purchases until I was out of office, and then, on my finding that, after having served the Government for fifteen years, not any provision was made, nor was likely to be made for myself and family, I purchased land. I only regret I had not done so at an earlier period, and that to a larger extent. In all my purchases, also, I have reconveyed to the natives both habitations and cultivations, by an inalienable gift, according to the number of persons thereon."

Mr. Busby having delivered his protest against what he considered to be the unwarranted aspersions of the white settler, whose name does not appear to have been recorded, Tamati Pukututu, a chief of the Te Uri-o-te-hawato tribe broke in upon the monotony of the opposition with a speech in favour of the treaty.

"This is mine to thee, O Governor! Sit, Governor, sit, a Governor for us—for me, for all, that our lands may remain with us; that these 'piritoka' and 'piriawaawa,' these homeless wanderers who sneak about, sticking to rocks, and to the side of the brooks and gullies may not have it all. Sit, Governor, sit for me, for us. Remain here a father for us. These chiefs say, 'Don't sit,' because they have sold all their possessions and they are filled withforeign property, and they have also no more to sell. But I say, what of that? Sit, Governor, sit. You two stay here, you and Busby—you two, and they also, the Missionaries."

In his advocacy of the Governor's cause Tamati was seconded by Matiu, a chief of the Uri-o-ngongo tribe. "O Governor! sit, stay, remain, you as one with the Missionaries, a Governor for us. Do not go back, but sit here, a Governor, a father for us, that good may increase, may become large to us. This is my word to thee. Do thou sit here, a father for us."

"No, no, go back, go back," cried Kawiti, a turbulent Ngatihine. "What dost thou want here? We native men do not wish thee to stay. We do not want to be tied up and trodden down. We are free. Let the Missionaries remain, but as for thee, return to thine own country. I will not say 'Yes' to thy sitting here. What! to be fired at in our boats and canoes by night! What! to be fired at when quickly paddling our canoes by night! I, even I, Kawiti, must not paddle this way nor paddle that way because the Governor said 'No,' because of the Governor, his soldiers, and his guns. No, no, no, go back, go back, there is no place here for a Governor."

A chief of the Ngatiamake tribe named Wai, now rose and addressed some pertinent enquiries to His Excellency.

"To thee, O Governor! this. Will you remedy the selling, the exchanging, the cheating, the lying, the stealing of the whites? O Governor! yesterday I was cursed by a white man. Is that straight? The white man gives us natives a pound for a pig, but he gives aPakehafour pounds for such a pig. Is that straight? The white man gives us a shilling for a basket of potatoes, but to aPakehahe gives four shillings for a basket like that one of ours. Is that straight? No, no, they will not listen to thee, so go back, go back. If they would listen and obey, ah yes, good that, but have they ever listened to Busby? And will they listen to thee, a stranger, a man of yesterday? Sit indeed! what for? Wilt thou make dealing straight?"

At this point there was again some general dissatisfaction amongst the Europeans who apparently were only able to hear imperfectly. A hawker, a pedlar named Jones, from Kororareka, called out to His Excellency that the whites could not follow the interpreter. A young man on the opposite side of the tent confirmed his complaint, and the European who had previously objected to Mr. Williams's methods once more became prominent in support of his confrères. These dissatisfied individuals maintained a running comment across the tent for some moments, which resulted in the Governor again requisitioning the services of Mr. Johnson, who came forward and interpreted the speech of Wai, but not to the complete satisfaction of that dusky orator, who described the Johnsonian effort as "great lies."

This resulted in the restoration of Mr. Williams, whose next subject was Pumuka, a man of influence in the Roroa tribe who was favourable to the treaty: "Stay, remain, Governor; remain for me" was his message. "Hear all of you. I will have this man a foster-father for me. Stay, sit, Governor. Listen to my words, O Governor! Do not go away; remain. Sit, Governor, sit. I wish to have two fathers—thou and Busby and the Missionaries."

"Yes, what else? Stay, sit if not what? Sit, if not how?" were the opening queries of Warerahi, a chief of Ngaitawake, who was popularly known as George King. "Is it not good to be at peace?" he asked. "We will have this man as our Governor. What! turn him away! Say to this man of the Queen, 'Go back?' No, no."[72]

The next speaker was to be Hakiro, who wanted room to deliver himself as became a great chief, and whilst the reclining natives were being moved back to make a clear space in which he could run from one end of the platform to the other a chief from the Waikare, whose name has not been recorded, rose and complained of the unjust dealings of the white people, who had no sense of justice. For avery little thing—a shilling—they wanted a pig as big as himself. What he wanted to know was could the Governor make thePakehagive a payment as large as the article he bought, but the speech was little noticed in the hustle caused by the clearing of a passage for Hakiro.

Hakiro belonged to the Ngatirehia tribes, being the son of Tareha, but on this occasion he essayed to speak for Titore,[73]though it is highly questionable whether he reflected the sentiments to which that chief would have given utterance had he been still with the living. Titore was justly regarded as one of the noblest of the Nga-Puhi chieftains, and his early death was generally mourned, not only as a personal loss, but as a misfortune to the cause of national unity. Be that as it may, his illustrious representative on this auspicious occasion, swayed by other influences, elected to throw the weight of his great name into the opposite scale to which he would almost certainly have thrown it himself.

"To thee, O Governor! this. Who says sit? Who? Hear me, O Governor! I say, no, no."

As he shouted these questions and answers he ran swiftly backwards and forwards brandishing ataiahaas he ran.

"Sit indeed! Who says sit? Go back, go back. Do not thou sit here. What wilt thou sit here for? We are not thy people. We are free. We will not have a Governor. Return, return, leave us. The Missionaries and Busby are our fathers. We do not want thee, so go back, return, depart."

Tareha, who followed, was easily one of the largest natives in the North, and had been one of the most ferocious of cannibals.[74]He seldom burdened himself with muchclothing, and on this occasion, as if to show how independent he was of such European luxuries, he appeared with nothing more than a dirty piece of old matting fastened round his waist. In the one hand he carried a canoe paddle, and in the other a small bunch of fern-root, tied by a piece of string, for the purpose of further demonstrating that he and his people still had the food of their fathers to rely upon. Tareha never became a Christian—dying as he lived, a heathen—but under the influence of Hongi he had always shown considerable solicitude for the Missionaries, whose interests he had invariably protected, both with his personal and tribal power. His particular protégé at this time was Bishop Pompallier, to whom, in common with Rewa, Moka, and Hakiro, he lived near at Kororareka. Whether this association in any way affected the views of Tareha and his associates is probably a matter best left to individual opinion, but it has been observed as an interesting coincidence that the natives who were in closest contact with the Bishop were the most aggressively hostile to the treaty.

This fact had already been so much in evidence that when Tareha rose, and in his deep sepulchral voice shouted, "No Governor for me—for us native men," no one who was taking a keen interest in the proceedings was very much surprised. With much of the gesticulation peculiar to Maori oratory and a clever application of the arts involved in native elocution, Tareha began to develop his pronouncement against the Governor. "We, we only are the chiefs—the rulers. We will not be ruled over. What! thou, a foreigner, up and I down! Thou high, and I, Tareha, the great chief of the Nga-Puhi tribes low! No, no, never, never. I am jealous of thee; I am, and shall be until thou and thy ship go away. Go back, go back, thoushalt not stay here. No, no, I will never say 'Yes.' Stay! Alas! what for? Why? What is there here for thee? Our lands are already all gone. Yes, it is so, but our names remain. Never mind, what of that—the lands of our fathers alienated! Dost thou think we are poor, indigent, poverty-stricken—that we really need thy foreign garments, thy food? Look at this!"

Here he dangled his bunch of fern-root in the air as proof that his argument was not without foundation.

"See, this is my food, the food of my ancestors, the food of the native people. Pshaw! Governor, to think of tempting men—us natives—with baits of clothing and food! Yes, I say we are the chiefs. If all were to be alike, all equal in rank with thee; but thou the Governor up high—up, up, as this tall paddle[75]and I down, under, beneath! No, no, no. I will never say 'Yes, stay.' Go back, return, make haste away. Let me see you (all) go; thee and thy ship. Go, go, return, return."

The speech of Tareha with its forceful opinions and dramatic delivery had a marked and visible effect upon the native section of the audience, so much so that Captain Hobson began to regard the result with considerable trepidation. He expressed these fears to Mr. Williams, who, knowing the delicacy of the situation, advised him not to betray his anxiety, but at the close of the meeting to recommend the treaty to their deliberate consideration, and to say that he would give them three days in which to finally make up their minds upon it.

For this advice Captain Hobson thanked the Missionary, and then a more favourable turn was given to the debate by a humorous sally from Rawiri, a chief of Ngatitautahi, who, anxious to display his smattering of newly acquired English, opened his speech with the salutation, "Good morning, Mr. Governor, very good you." This was as far as his linguistic accomplishments could carry him, and for the remainder of his oration he relapsed into his native tongue, in which he made an earnest appeal for establishedauthority and a law that would maintain them in peace. "Our Governor, our Father! stay here, O Governor! Sit that we may be in peace. A good thing this for us, my friends, native men. Stay, sit. Do thou remain, O Governor! to be a Governor for us."

Up to this point the weight of influence and oratory had been heavily against the Governor, the opposition evidently considering it good tactics to get in early and reap the fruits of a first impression. But the friends of the treaty now put up a powerful foil to Tareha in the person of Hone Heke, the nephew and son-in-law of Hongi, and admittedly one of the most influential men, both by lineage and achievement, in all the North. Heke at this time was actively espousing the Christian cause, and had not developed the mischievous spirit which afterwards gave him even greater prominence in European annals than he had as yet acquired in Maori fame. He began in that mystical manner so much beloved by Maori orators, the skilful use of which was regarded as a test of their accomplishment.

"To raise up, or to bring down? To raise up, or to bring down? Which? Who knows? Sit, Governor, sit. If thou shouldst return, we natives are gone, utterly gone, nothinged, extinct. What then shall we do? Who are we? Remain, Governor, a father for us. If thou goest away, what then? We do not know."

Then turning and addressing himself to those immediately about him, he said, "This, my friends, is a good thing. It is even as the word of God.[76]Thou to go away! No, no, no! For then the French people or the rum-sellers will have us natives. Remain, remain, sit, sit here; you with the Missionaries all as one. But we natives are children. Yes, it is not for us, but for you, our fathers—you Missionaries—it is for you to say, to decide what it shall be. It is for you to choose, for we are only natives. Who and what are we? Children, yes, children solely.We do not know. Do you then choose for us. You our fathers—you Missionaries. Sit, I say, Governor, sit. A father, a Governor for us."

The emphasis with which these concluding sentences were pronounced, and the gestures by which they were accompanied, came as a convincing climax to what had been a mighty speech. Themanaof Heke was great, for was he not descended from Rahiri, who came down in a direct line from a Viking Admiral of the Hawaiki fleet; was he not the representative of the Ariki family of Nga-Puhi; had he not by virtue of his great name levied toll upon all who crossed his estate at Puketona; was he not the brave who had distinguished himself at the 1830 fight at Kororareka when Hengi was killed, and had he not fought valiantly at Tauranga when Titore attacked thepaat Otumoetai? Heke had thus become great in all that told most in the estimation of the Maori, and when he had spoken it was indiscreet for any dog to bark.[77]

No sooner had he resumed his seat upon the ground than the hum of approving comment could be heard in all quarters of the tent. Here was a speech indeed, Europeans and natives alike joining in eulogiums of both its manner and its matter. While the buzz of conversation filled the air, Hakitara, a chief of the Rarawa tribe, rose and commenced a speech in favour of the treaty. He was, however, unfortunate in having to follow Heke, who had for the moment captured public attention, and Hakitara, being unable to raise his voice above the din, soon subsided and made way for a greater even than Heke.

While the latter was speaking the gathering had received an important augmentation by the arrival of Tamati Waaka Nēne, his elder brother Patuone, and the Nga-Puhi chiefs of Hokianga. They had mingled with the crowd, and immediately the Rarawa chief had concluded, Nēne came forward and spoke "with a degree of natural eloquence that surprised all the Europeans and eventually turned aside the temporary feeling of hostility that had been created."[78]

Dr. Bright, one of the few Englishmen who have left us an account of this historic gathering, describes Nēne at this moment as a "mild-looking, middle-aged man with a deportment as if he felt he was a gentleman." As he listened to Heke he rested upon histaiaha, and smiled upon those about him. His face bore evidence that he was glad to see the white man and the brown in conference.

To this chief with his great mental powers, his keen perception, his capacity to read the signs of the times, it had been long apparent that the advent of thePakehawas inevitable, and that the Maori system was incapable of developing the principles of a stable Government. To now enter upon a campaign of hostility to the whites would, he believed, certainly result in the destruction of his own race. It was too late. Yet to govern themselves was manifestly impossible. He therefore found himself in the same dilemma as had presented itself to a largesection of the ancient Jews in the beleaguered city of Jerusalem, who honestly enough believed that their country had arrived at that stage in its history when its only salvation lay in its seizure and government by a foreign power strong enough to establish justice and security, even though it might be at the sacrifice of liberty. What the Romans were to Palestine the British were in Nēne's eyes to New Zealand, and that was what he meant when he begged the Governor to remain and be to the Maori a friend, a father, and a Governor.

As he stepped into the arena of debate the storms were laid still, and a general calm suppressed the rising excitement, for he was esteemed by the white men and known to his own race as one who dared to fight as well as to talk of peace. His voice was low at first, nor needed he to raise it high—no sound intruded on it.

tamatiTamati Waaka Nēne.After the painting by G. Lindauer in the Partridge Collection, Auckland, by kind permission of the owner.

Tamati Waaka Nēne.After the painting by G. Lindauer in the Partridge Collection, Auckland, by kind permission of the owner.

Tamati Waaka Nēne.

After the painting by G. Lindauer in the Partridge Collection, Auckland, by kind permission of the owner.

"I will first speak to us, to ourselves, the natives," said Nēne. "What do you say? The Governor to return? What then shall we do? Say here to me, O ye chiefs of the tribes of the northern part of New Zealand, how are we henceforward to act? Friends, whose potatoes do we eat? Whose were our blankets? These spears (holding up histaiaha) are laid aside. What has the Nga-Puhi now? ThePakeha'sgun, his shot, his powder. Many months has he been in ourwhares; many of his children are our children. Is not the land already gone? Is it not covered, all covered with men, with strangers, foreigners—even as the grass and herbage—over whom we have no power? We the chiefs, and natives of this land, are down low; they are up high, exalted, yet they make no slaves. What do you say? The Governor to go back? I am sick, I am dead, killed by you. Had you spoken thus in the olden time, when the traders and grog-sellers came—had you turned them away, then you could well say to the Governor, 'Go back,' and it would have been correct, straight, and I would also have said with you, 'Go back'—yes, we together as one man, with one voice. But now as things are, no, no, no. What did we do before thePakehacame? We fought,we fought continually. But now we can plant our grounds and thePakehawill bring plenty of trade to our shores. Then let us keep him here. Let us all be friends together. I'll sign thepuka puka.[79]I am walking beside thePakeha."

This portion of the speech had been spoken with all the fiery declamation of which Waaka Nēne was capable when needs demanded it, but having delivered his message to his own people, he turned and, with pleading and pathos in his voice, said: "O Governor, sit. I, Tamati Waaka, say to thee, sit. Do not thou go away from us; remain for us a father, a judge, a peacemaker. You must not allow us to become slaves. You must preserve our customs, and never permit our land to be wrested from us. Yes, it is good, it is straight. Sit thou here, dwell in our midst. Remain, do not go away. Do not thou listen to what the chiefs of Nga-Puhi say. Stay, then, our friend, our father, our Governor."[80]

As it has always been frankly conceded that Nēne's speech was the turning-point in the debate, it may be well to present here a sketch of the chief whose stirring history and admirable characteristics were well and personally known to a writer who lived through all these eventful days in New Zealand. According to this authority, Nēne "had a singularly open, honest, and benevolent expression of face, and though, if needs were, he could be stern enough, there was little of cruelty or vindictiveness in his composition as there could possibly have been in one whose youth was spent in such surroundings. He was the bravest among the brave; a splendid Maori general, averse to fighting until every way of conciliation was exhausted; and although he never heard of Polonius, with him too it was a maxim, 'Beware of entrance to a quarrel, but, being in, bear't that the opposed may beware of thee.' He was impressed with the abiding feeling that the only chance for his race was to keep peace with thePakeha, to accept loyally the supremacy of the Queen, and to bearthemselves patiently through the slow and difficult transition from Maori custom to British law. His bare word was trusted all through the country as the most binding writing would be trusted amongst ourselves, and he had the power of attracting followers to his person with a devotion which made them ready to stand by him in life or in death.

"He had for many years been a convert of the Wesleyan Mission, and had received at his baptism the prefix Thomas Walker to his old Maori name of Nēne. From beginning to end he never swerved in his pledge of loyalty to the Queen. When he died he was buried in the little churchyard of Kororareka, having solemnly adjured his friends not to allow the Maori custom of disposing of his bones, but to let him lie in peace in a Christian grave; and over his grave the Government raised a stone monument, with an inscription in both languages expressive of their gratitude, and purporting thatthatwas the resting-place of one who was alike steadfast in his friendship for the British and in his labours to secure the best interests of his countrymen—a chief of men, one wise in counsel as he was brave in war.

"For once in a way there was an epitaph of severe and simple truth, and there was not a word of flattery in its praise of the dead. He had been one of Hongi's lieutenants, and had traversed with his war parties the whole of the Northern Island to the neighbourhood of Cook Strait. But it was for his wisdom as a counsellor and his influence as a peacemaker that he was specially famous. No one could set down his conciliation to weakness or fear. In his ordinary bearing he was gentle as a child. In conversation his voice was soft as a woman's, but in the shout of battle it was said to be terrible, and it could be heard above all the clash of arms and the din of the conflict. He was hardly ever defeated, and it was his way before he fought to look beyond the victory, and to determine the move by which it should be followed. He was half a life older than Heke, and indeed he regarded the action of that chief very much as the escapade of a petulantboy. In their case the struggle had none of the bitterness of personal resentment, and when Heke made his somewhat sulky submission, Nēne advised the Government to treat him with kindness and consideration, and the war being ended, not to add to his disappointment anything that would hurt his sense of personal dignity. We owe Nēne's memory, more than to any other of the Maori race, a real debt of gratitude and respect, for at many a crisis he threw himself into the breach, and averted dangers that might have been fatal in those early days. As a father he was a man of tender feeling. He had but one son, eighteen years old, whom my mother nursed in his illness, and after the boy's death, when Nēne came to our house, he could not speak of his loss without tears, or thank her too much for the kindness that seemed to him to have been all in vain."

Nēne was followed in the debate by his elder brother, Patuone, well known as one of the fathers of Nga-Puhi. Though he has not held the picturesque position in Maori history occupied by his younger relation, his life was at least eventful enough to have become the subject of an interesting biography,[81]as he was at this time as highly esteemed by his own people as he was by thePakehain later years; when in his old age he was living well down into the European era.

Patuone spoke briefly, but definitely. He favoured the coming of the Governor as the solution of all their troubles.

"What shall I say on this great occasion, in the presence of all these great chiefs of both countries? Here then this is my word to thee, O Governor! Sit, stay—thou and the Missionaries, and the word of God. Remain here with us, to be a father to us, that the French have us not, that Pikopo,[82]that bad man, have us not. Remain, Governor, sit, stay, our friend."

The turn which affairs had now taken proved too muchfor the excitable Te Kemara, who had been the first speaker. He had patiently heard out Heke, Nēne, and Patuone, but unable to longer restrain himself he at this point jumped up and in his lively, breezy manner proceeded to counter the flow of pro-British oratory: "No, no," he shouted. "Who says stay? Go away, return to thine own land. I want my lands returned to me. If thou wilt say, 'Return to that man, Te Kemara, his land,' then it will be good. Let us be all alike. Then, O Governor, remain. But the Governor up, Te Kemara down, low, flat! No, no, no. Besides, where art thou to stay, to dwell? There is no place left for thee."

This exclamation of Te Kemara's drew from Mr. Busby the remark that his house would be occupied by the Governor until a suitable residence could be procured for him, which piece of information served to produce a marked change in the chief's demeanour.

Crossing his hands as though they were locked in handcuffs, he ran up to the Governor, and with eyes flashing with anger, he exclaimed: "Shall I be thus? Say to me, Governor; speak. Like this—eh, like this? Come, come; speak, Governor, Like this—eh?"

Here his manner became distinctly offensive to His Excellency, and one of the chiefs sitting near-by reproached him for his insolence, whereupon he turned one of those violent mental somersaults which all extremists are at times apt to do. Leaping forward, he seized hold of Captain Hobson's hands and shook them heartily, grinning gleefully, while he shouted in the best English he could command, "How d'ye do—eh, Governor? How d'ye do—eh, Mister Governor?" This enquiry he repeated over and over again, the Governor evidently enjoying the joke as much as any one. "This," says Captain Hobson, "occasioned amongst the natives a general expression of applause, and a loud cheer from the Europeans in which the natives joined."

Thus the business of the meeting closed in the most amiable spirit, the further consideration of the momentous question being by general consent adjourned until thefollowing Friday (the 7th), in order that the natives might have one clear day during which to reflect upon the Governor's proposal.[83]

When Captain Hobson and his escort left the meeting they descended the rude pathway cut in the side of the hill, and as they walked towards the beach where their boat lay, the Governor was discussing with Mr. Colenso the printing of the treaty and other kindred matters. They had just reached the boat and were preparing to enter, when their attention was directed to a commotion not far off. They had not discovered the cause of the excitement before a chief, very much out of breath, burst in upon the viceregal party, and, standing directly before the Lieutenant-Governor, gazed intently at him for a few minutes. Then in a loud shrill voice he cried out in wailing tones, "Au e he koroheke! E kore e roa kua mate," and at once fell back into the crowd.

The incident was so sudden in its happening, and was so evidently of personal moment to himself, that Captain Hobson was naturally curious to know its full import. He appealed to Mr. Colenso to kindly interpret the old man's message, but the Missionary, unwilling to enlighten the Governor as to the sinister suggestion conveyed by the grey-headed seer, endeavoured to evade the point by telling him what was perfectly true—that this was an old chief who had just arrived from the interior and was anxious to see the Queen's representative. The explanation, though plausible enough, did not satisfy the Governor, who had a predilection that there was more behind the chief's wild lament than this, and his importunities to know the truth being supported by those of Captain Nias, Mr. Colenso at length had to admit that there was more of prophecy than curiosity in the chief's mournful exclamation: "Alas! an old man. He will soon be dead."

The incident, which had something of comedy in itsearly features, thus terminated with a tragic note, and the Governor, who had been highly elated at the success of the meeting, pulled off to his ship in a gloomy and meditative mood.

During the remainder of the day[84]a strong effort was made by the beach-combers and whisky-sellers of Kororareka to spread dissension amongst the chiefs, and to prejudice the idea of the Queen's protection; but the Missionaries were whole-hearted in their support, and vigilant to counteract the opposition of these ill-disposed individuals.[85]The good impression created by Heke and Nēne therefore stood, and before the evening had closed there was a preponderating number anxious to sign the treaty.

The Missionaries were equally anxious to take advantage of this favourable feeling, and were now keenly apprehensive that the delay until Friday would be detrimental to the treaty party. They therefore consulted together with a view to expediting the taking of the chiefs' signatures, and concluded that it would be better to do so on the morrow.

There was also another, and undeniably a powerful, factor operating in favour of a speedy termination of the business. This was the fact that the natives, havingbeen called hurriedly together, were insufficiently supplied with food, nor were provisions for so large a number procurable within easy distance. The natives were thus faced with the alternative of remaining hungry at Waitangi or returning home to be fed. This was an option about which no Maori ever had two opinions, and it was perfectly obvious that if the proceedings were further delayed until Friday there would be a stampede from the scene of negotiations and the golden opportunity would be in all probability irretrievably lost.

Influenced by these considerations, the Missionaries agreed that Captain Hobson should be made aware of the altered position of affairs, but apparently no proper steps were taken to have the information conveyed to him. Consequently when they arrived next morning from their station at Paihia, about one and a half miles distant from Waitangi, the Governor had not yet come on shore. There was also a perceptible diminution in the number of the natives present, several companies, chagrined at their treatment in the scramble for the tobacco on the previous day, having folded their blankets and returned home. Still there were from 300 to 400 squatting in groups here and there, all earnestly discussing the treaty with more or less clarity of comprehension. An hour flew by and yet no sign of the Governor, nor could any movement be detected on board theHeraldindicative of his coming.

Noon had arrived but still no Governor, impatience being manifest on every face, when a boat containing two officers was seen to leave the ship. They rowed leisurely across the Bay, and when they reached the landing-place and were told that both natives and Europeans were awaiting the Governor, they were considerably surprised, and explained that "His Excellency certainly knew nothing of a meeting to be held here this day."

Now that it was clear there had been an unfortunate misunderstanding it was not long before communication was held with the ship, and Captain Hobson, accompanied by the officers of his Government, came ashore; but hisdeparture had been so hurried that he came in civilian clothes, having no time to don more of his uniform than his cocked hat. He hurriedly assured those about him that he had not entertained the least notion that a meeting was to be held; that as matters stood he was quite prepared to take the signatures of all the chiefs willing to sign, but that he must still hold the public meeting on the following day as already announced by him.

A move was then made towards the tents by the whole party, closely followed by the natives, who crowded under the canvas with no small excitement and hustle. Some preliminary details—such as the arrangement of tables at which the chiefs could sign—having been completed, the Governor and party then ascended the platform, and Captain Hobson announced that this not being a regularly convened public meeting he could not permit of any discussion on the merits of the treaty. The business, therefore, would be confined to accepting the signatures of those chiefs who were willing and ready to sign.

At this juncture a message came to His Excellency from Bishop Pompallier, stating that he and his priest were at that moment resting in Mr. Busby's house, and were anxious to be present at the meeting. Lieutenant Shortland was immediately despatched to bring the Bishop in, and on his entering he was welcomed and invited to occupy the seat he had filled on the previous day.

The business was resumed by Captain Hobson proposing that Mr. Henry Williams should read the treaty from the parchment on which it had been engrossed, as that which had been submitted to them on the preceding day had been merely the original draft. This office was performed by Mr. Williams, whereupon Bishop Pompallier leaned over to the Governor and asked that the natives might be informed that all who should join the Catholic Church should have the protection of the British Government.

Captain Hobson, with much blandness of gesture and expression,[86]replied, "Most certainly," and proceeded toexpress his regret that the Bishop had not made known his wishes earlier, as in that event the provision "would have been embodied in the treaty."

Turning then to Mr. Williams, he said: "The Bishop wishes it to be publicly stated to the natives that his religion will not be interfered with, and that free toleration will be allowed in matters of faith. I should therefore thank you to say to them that the Bishop will be protected and supported in his religion—that I shall protect all creeds alike."

"I presume the same protection will be offered to all?" remarked Mr. Williams; to which the Governor replied, "Certainly."

"What need, then," asked Mr. Williams, "is there to burden the proceedings with such an announcement if all are to have protection alike?"

To this the Governor replied that as the Bishop was anxious that the announcement should be made, he would feel obliged if Mr. Williams would deliver it to the meeting.

Mr. Williams then proceeded to address the natives: "Na, e mea ana te Kawana"—"Attend, the Governor says." Here, however, he felt the matter was one of such magnitude that he could not afford to treat it in a casual way, and he expressed this opinion to his fellow Missionary, Mr. Clarke, who was standing near him.

"Pray, sir, write it down first, as it is an important sentence," suggested Mr. Colenso.

Mr. Williams, taking pencil and paper, then wrote as follows: "The Governor wishes you to understand that all the Maoris who shall join the Church of England, who shall join the Wesleyans, who shall join the Pikopo, or Church of Rome, and those who retain their Maori practices shall have the protection of the British Government."

This he handed to the Governor, who passed it on to the Bishop, who, having read it, said in English, "Oh yes, that will do very well."

The statement was read to the meeting, and if Mr.Williams is to be accepted as an authority, it was received in silence, the natives not knowing what it meant.[87]Bishop Pompallier then rose and, bowing to the Governor, left the meeting.

These preliminaries having been satisfactorily disposed of, the chiefs were as a body invited to come forward and append their signatures to the treaty. To this invitation no one responded for a time, none caring to be the first to take what might prove to be a precipitate step. For several minutes the Maori mind hung in this state of doubt and indecision until Mr. Busby hit upon the expedient of calling upon the chiefs by name. He had prepared a list for his own information of those eligible to sign, and by a fortunate circumstance the name of Hone Heke stood first upon that list. Heke, who had proved himself such a redoubtable advocate of the treaty, came forward frankly enough when thus directly appealed to, and was about to sign, when Mr. Colenso interposed by asking the permission of the Governor to clear up one point upon which grave doubts had been raised in his mind as the result of his mingling with the natives since the earlier meeting. This permission was readily granted, whereupon Mr. Colenso said, "May I ask Your Excellency whether it is your opinion that these natives understand the articles of the treaty which they are now called upon to sign?"

He was proceeding to say that he had that morning arrived at a different conclusion, when Captain Hobson interrupted him with the remark: "If the native chiefs do not know the contents of this treaty it is no fault of mine. I wish them to fully understand it. I have done all that I could to make them understand the same, and I really don't know how I shall be enabled to get them to do so. They have heard the treaty read by Mr. Williams."

"True, Your Excellency," rejoined Mr. Colenso, "but the natives are quite children in their ideas. It is no easy matter to get them to understand—fully to comprehenda document of this kind; still I think they ought to know somewhat of it to constitute its legality. I speak under correction, Your Excellency. I have spoken to some of the chiefs concerning it, who had no idea whatever as to the purport of the treaty."

Here Mr. Busby joined in the discussion by reminding Mr. Colenso that the best answer that could be given to his observation would be found in the speech made yesterday by the very chief about to sign, Hone Heke, who said "the native mind could not comprehend these things; they must trust to the advice of their Missionaries."

"Yes, that is the very thing to which I was going to allude," replied Mr. Colenso. "The Missionaries should do so, but at the same time the Missionaries should explain the thing in all its bearings to the natives, so that it should be their very own act and deed. Then in case of a reaction taking place, the natives could not turn round on the Missionary and say, "You advised me to sign that paper, but never told me what were the contents thereof."[88]

Captain Hobson, who had evidently not contemplated this contingency, expressed the hope that no such reaction would take place. "I think," he said, "that the people under your care will be peaceable enough: I am sure you will endeavour to make them so. And as to those that are without, why, we must endeavour to do our best with them."

This attitude on the part of the Governor sufficed to satisfy Mr. Colenso, who had no desire to be contumacious, but having conscientious doubts upon the native grasp of a subject necessarily foreign to their tribal policy, he felt it his duty to give full expression to those doubts, and he thanked His Excellency for having given him the opportunity to do so.

Hone Heke then put his name upon the parchment,[89]and as if to answer the objection raised by Mr. Colenso, he told the people in a brief speech that he fully approved of the proceeding, as they all needed protection from every foreign power, and they well knew the fostering care of the Queen of England towards them.

With so propitious a lead there was no further hesitancy on the part of the remaining chiefs, and the process of recording their signatures went merrily on. While it was proceeding, Marupo, a chief of the Whanaurara tribe, and Ruhe, a chief of the Ngatihineira tribe, were busy making violent speeches against the treaty. Both warriors delivered themselves in the style characteristic of their people when they have serious business on hand, running sharply up and down a beaten avenue, gesticulating energetically, stamping their feet, and pouring out their denunciations with a volubility that was difficult to follow. Marupo, who had discarded all his clothing except apiupiumade of reeds which hung round his waist, was especially determined in his opposition, continuing his harangue until voice and body failed from sheer physical exhaustion.

Then realising that his oratory had not turned the tide of public opinion, and that the adoption of the treaty was inevitable, he and his compatriots, appreciating the advantage of being on the popular side, joined the ranks of the signatories and drew theirmoko[90]upon the parchment.

Marupo signalised his conversion by shaking hands heartily—even violently—with the Governor, and desired to confirm the new-formed friendship by seizing the Governor's hat, which was lying on the table, and putting it upon his head.

The next of the insurgents to surrender was the versatile but volatile Te Kemara, who, when he had succumbed to the pressure of the popular will, volunteered the statement that he had been influenced in his opposition by the FrenchBishop, who had told him "not to write on the paper, for if he did he would be made a slave."

The only chief of high standing who was present and had not now signed the treaty was Rewa, but his obduracy was at length overcome, he yielding to the persuasions of his tribal friends, supported by the advice of the Church Missionaries, and when at length he drew his curious hieroglyphics upon the parchment, he too admitted that his opposition had been wholly inspired by the Bishop, who had earnestly interceded with him not to become a party to the treaty.

Captain Hobson, who had apparently recovered from his recent indisposition, appeared to be in the cheeriest of spirits, and as each chief signed the treaty he took him by the hand, and repeating in Maori "He iwi tahi tatou"—"We are now one people"—paid a little compliment to the native race that was hugely appreciated by the recipients.[91]

During the course of the morning small contingents of natives had been arriving from distant parts, who had not been present at the previous day's proceedings owing to the unavoidable delay in receiving their summoning circulars, but after brief explanations by their friends, they, without exception, subscribed to the Queen's proposal to give their country a stable Government. Altogether forty-five chiefs signed the treaty on this eventful February 6, but they were for the most part men of only moderate influence, and with the exception of Waaka Nēne, and his brother Eruera Patuone, who hailed from Hokianga, and Kauwhata, Wharau, and Ngere, from Wangaruru, all were resident within the immediate vicinity of the Bay of Islands. Twenty-six of these, however, had signed the much-despised Declaration of Independence five years before, and Captain Hobson so far concluded that their acquiescence in his present mission "must be deemed a full and clear recognition of thesovereign rights of Her Majesty over the northern parts of this Island," that he immediately arranged with Captain Nias to announce the cession on the morrow with a salute of twenty-one guns from the deck of theHerald.[92]

Having now concluded the official portion of the business, Captain Hobson, who had conducted the whole of the proceedings with conspicuous patience and ability, left the meeting under a volley of cheers from the natives, which resounded through the hills and across the sunny waters of the Bay.

"In the course of these proceedings," wrote Captain Hobson to Sir George Gipps, "I have courted the utmost publicity, and I have forborne to adopt even the customary measure of propitiating the consent of the chiefs by promises of presents, and not until the treaty was signed did I give them anything. To have sent them home without some acknowledgment would have been a violation of their customs, and would have given offence. I therefore distributed a few articles of trifling value before they separated."

This distribution was entrusted to Mr. Colenso, each chief who had signed the treaty receiving two blankets and a quantity of tobacco, and "by dint of close and constant attention," reports that gentleman, "the said distribution went off well without any mishap or hitch."

Next morning broke with a grey sky and rain so incessant as to dissipate all hope of holding the contemplated meeting. Neither was it deemed advisable under such depressing circumstances to proclaim the event by a Royal salute, so that by a strange perversion of fate, Friday the 7th, which was to have been the day of days, passed off cold, bleak, and uneventful. It was not, therefore, until Saturday the 8th that the proceedings, so far as they had gone, were fully consummated. This was accomplished amidst the floating of bunting and the booming of guns, for upon this bright and sunny day itmay be said that New Zealand became a British colony, and what some of us are vain enough to regard as the brightest jewel in Britain's Crown.[93]


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